Nebraska Commission on Public Advocacy

Jeffery A. Pickens, Chief Counsel; Rita Wesely, Admin AsstFiscal Officer, 140 North 8th St., Suite 270, Lincoln, NE 68508; (402) 471-8088.

To effectively represent indigent individuals charged with first degree murder and serious violent or drug-related felonies at trial and on appeal; To provide legal assistance to public defenders and court-appointed attorneys; To provide property tax relief to counties by billing nothing for such legal services and associated costs of such defense; To administer the Legal Aid and Services Fund (LASF) and the Civil Legal Services Fund (CLSF), awarding grants to qualifying certified providers of civil legal services to indigent Nebraskans from collected docket fees; To represent indigent individuals granted DNA testing and to pay for such testing; To carry out duties designated under the Legal Education for Public Service and Rural Practice Loan Repayment Assistance Fund (LRAP).

Using the widget example in the survey guide, the first question would be, how many people throughout the State who are charged with murder or other serious violent or drug crimes would benefit from our representation The answer is all of them. However, w

For fiscal year 12-13, Commission attorneys handled: 36 homicide cases, including trials, appeals, post-conviction cases, and other proceedings; 44 violent andor drug related felonies; and 3 DNA cases. For fiscal year 13-14, Commission attorneys handled:

1995

1996

NA

Neb. Rev. Stat. 7-201 to 210; 25-3001 to 3010; 29-2101; 29-3504; 29-3919 to 3933; 29-4116 to 4125; 33-107.01 and 33-107.02; 33-156; and 81-1316.

NA

9

Governor appoints from names forwarded by the Nebraska State Bar Association after recommendations to the NSBA have been made by the Nebraska Criminal Defense Attorneys Association.

NA

Must be a member of the Nebraska State Bar Association who has substantial experience in criminal defense work and in civil legal matters that commonly affect low income persons and shall not be a prosecutor, law enforcement officer or judge.

No

Yes, if they choose.

Six years.

Terms Rotate

NA

2

NA

3

NA

2

Yes

Shared

$4.3 million, $2,908,366 of which was disbursed as pass-through funds under the Legal Aid and Services Fund and Civil Legal Services Fund, none of which was spent on Commission operations.

$4.5 million, $3,333,348 of which was disbursed as pass-through funds under the Legal Aid and Services Fund and Civil Legal Services Fund, none of which was spent on Commission operations.

$4.8 million, $2,072,377 of which was disbursed as pass-through funds under the Legal Aid and Services Fund and Civil Legal Services Fund, none of which was spent on Commission operations.

None.

Yes, the Commission approves all allocation of spending for Commission operations and fiscal duties related to the Legal Aid and Services Fund, the Civil Legal Services Fund, the DNA Testing Act and the Legal Education for Public Service and Rural Practic

From July 1, 2012, to June 30, 2016, the Commission continued to represent indigent defendants in Nebraskas courts in first degree murder cases, other serious violent and drug offenses, and DNA cases. We handled 149 homicide cases and 189 serious violent felony cases, many of which included multiple counts that were not counted as separate cases. The vast majority of the violent, nonhomicide cases were sexual assault cases, which can be exceptionally difficult cases to investigate and try. Thirteen homicide cases were tried to juries. One notable case was State v. Oliveira-Coutinho. This was a Douglas County case in which our client was charged with three counts of first degree murder. The victims were a Brazilian couple and their 8 year old son. Our client was also from Brazil and only spoke Portugese. Interpreters were needed to speak with our client, to depose some of the witnesses, and for trial. We spent $3,349.70 on interpreters. A jury found our client guilty of three counts of first degree murder and found a number of aggravating circumstances were present for each murder. After a mitigation hearing, a three judge panel found the mitigating circumstances approached or exceeded the weight of the aggravating circumstances and imposed three consecutive life sentences. In order to develop and investigate mitigating circumstances, the Commissions assigned lawyer spent considerable time working with the Brazilian Consulate and members of the clients family. We also employed a forensic psychiatrist, a forensic psychologist, a private investigator, and an immigration expert for trial and sentencing purposes. The total expenses the Commission paid in this case were over $32,000. The district court also appointed a Spanish-speaking Omaha lawyer as co-counsel in the case. He did not speak Portugese. The district court reimbursed him for legal services rendered in the amount of $57,996.48. While he was an outstanding lawyer, he lacked experience in murder cases and death penalty cases. The Commissions lawyer spent more time on this case than the court-appointed Omaha lawyer. Douglas County saved at least $100,000 because of the Commission's representation of Mr. Oliveira-Coutinho. While the Commissions primary mission when created by the Legislature in 1995 was to handle death penalty cases, the Commission has also played a significant role when the U.S. and Nebraska Supreme Courts have announced unexpected decisions. For instance, in the mid-90s, when the Nebraska Supreme Court decided that malice was an element of second degree murder, dozens of inmates convicted of second degree murder were able to get their convictions vacated. The Commission represented a number of these inmates when their cases returned to the district courts. In 2010 and 2012, the United States Supreme Court unexpectedly held that juvenile offenders could not be sentenced to life imprisonment without parole except under very limited circumstances. The court likened life without parole sentences to death sentences when imposed upon juveniles. Since July 1, 2012, the Commission represented and continues to represent six indigent defendants who were sentenced to at least one term of life imprisonment without parole for crimes they committed before they were eighteen years old. We represent these defendants in Douglas County, Washington County, Sarpy County, Hall County, York County, and Dawson County. Our oldest client is 55 years old and has been in prison for 39 years. Our youngest client is 29 years old and has been in prison for 12 years. In each of these cases, the life sentences were ultimately vacated by Nebraskas district courts. These cases required protracted litigation before the unconstitutional sentences were vacated. One case was appealed to the Nebraska Supreme Court before the sentence was vacated. Another case is pending before the Nebraska Supreme Court on the States appeal from the order vacating the sentence. Prior to resentencing for these defendants, the law now requires a death penalty-like mitigation hearing. Each of the cases requires involvement of an expert in adolescent brain development and a comprehensive evaluation by a forensic psychologist with expertise with adolescents. The expenses for these experts is approximately $10,000 per case. Additionally, each case requires the Commissions assigned lawyer to read thousands of pages of police reports, medical and mental health reports, prior testimony, and prison records. The assigned lawyer must prepare for and participate in the mitigation hearing and resentencing hearing. The assigned lawyer has also written numerous briefs for these cases. Additionally, in each case there may be a new direct appeal alleging the newly imposed sentence is unconstitutionally disproportionate or otherwise excessive. Each case requires hundreds of hours of the assigned lawyers time. The Commission will save each of the six counties in which we represent these defendants as much as $100,000. Through its Major Case Resource Center, the Commissions lawyers on a daily basis responded to requests for advice and assistance from public defenders and court-appointed attorneys throughout the State. Our advice and assistance reduced the amount of time such public defenders and court-appointed counsel were required to spend on their cases, thereby saving county money. At the same time, by educating counsel, our advice and assistance improved the overall effectiveness of counsel and reduced the risk of successful claims of ineffective assistance of counsel. Since 2003, the Commission has been entirely cash funded and has provided services for counties at no cost to the counties. Cases handled by the Commission saved counties hundreds of thousands of dollars, while providing the constitutional mandate of effective assistance of counsel. Since July 1, 2012, the Commission granted awards to civil legal service entities in accordance with the statutes governing the Legal Aid and Services Fund and the Civil Legal Services Fund, which allowed such entities to continue to provide civil legal services to indigent people. We also administered those funds, which includes monthly disbursement of funds to such entities, quarterly monitoring of submitted financial and activity reports and annual review of audits submitted by entities. Since 2014, the Commission has granted awards to qualifying lawyers who applied for loan repayment assistance under the Legal Education for Public Service and rural Practice Loan Repayment Assistance Fund, which includes annual disbursement of funds to lawyers, quarterly monitoring of submitted qualifying loan status documentation, and semi-annual review of submitted continuous qualifying employment documentation of such lawyers.